Disposed

Aboobacker K I v. State of Kerala

Kerala HC4 Sept 2023WP(C)/28822/2023

Case brief

AI extract

What is this about?

The High Court of Kerala issued a direction to the Agricultural Officer to submit a report within 30 days on statutory Form 5 applications filed by the petitioner regarding land conservation. Subsequently, the Revenue Divisional Officer was directed to take a decision on the applications within three months of receiving the report.

What did the court decide?

Direction to Agricultural Officer to submit a report within 30 days; Revenue Divisional Officer to take a decision within three months thereafter.

Aboobacker K I Vs State of Kerala — Land Acquisition | Kerala HC (2023)

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WP(C) NO. 28822 OF 2023

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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MONDAY, THE 4TH DAY OF SEPTEMBER 2023 / 13TH BHADRA, 1945
WP(C) NO. 28822 OF 2023

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PETITIONER/S:

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ABOOBACKER K I
AGED 55 YEARS
S.O ISMAIL, R/O KILIYANKAL HOUSE, KAKKANAD, THRIKKAKARA PO,
ERNAKULAM, PIN - 682021
BY ADVS.
E.ADITHYAN
MEERA RAMESH
MRUDULA MOHAN
NESAMUDHEEN
TREESA MANJILA

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 REVENUE DIVISIONAL OFFICER, FIRST FLOOR, KB JACOB RD, FORT KOCHI, KOCHI, KERALA, PIN - 682001

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3 THE AGRICULTURAL OFFICER, KRISHIBHAVAN, KADUNGALLOOR, MUPPATHADAM P.O., ERNAKULAM DISTRICT, PIN, PIN - 683110

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4 VILLAGE OFFICER, KADUNGALLOOR VILLAGE OFFICER, KADUNGALLOOR VILLAGE OFFICE, KADUGALLOOR PO, PIN – 683502

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GP SMT.DEVISREE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 28822 OF 2023

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BECHU KURIAN THOMAS, J.

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========================

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W.P.(C)No.28822 of 2023

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------------------------------------------------

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Dated this the 4^th day of September 2023

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JUDGMENT

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Petitioner is the owner of various extent of lands. Petitioner alleges that he had filed applications in Form 5 under the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (‘Rules’ for short). Copy of the applications submitted by the petitioner is produced as Exts.P1, P2, P3, P4, P5, P6 and P7.

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According to him, though the application was filed on 08.08.2023, neither the report has been submitted by the Agricultural Officer nor has any decision been taken by the 2^nd respondent.

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Form 5 application filed by the petitioner is a statutory application as per Rule 4(d) of the Rules. The competent authority, therefore, has a legal duty to consider the said application in accordance with law within a reasonable time.

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Having heard Sri.Adityan, learned Counsel for the petitioner and Smt.Devisree, learned Government Pleader, I am of the view that this writ petition can be disposed of with a direction to take a decision on Exts.P1 to P7 applications in a time bound manner.

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Accordingly, there will be direction to the 3^rd respondent

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WP(C) NO. 28822 OF 2023

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Agricultural Officer to submit a report as contemplated under Rule 4(e), within a period of 30 days from the date of receipt of a copy of this judgment. Pursuant to receipt of the said report, the 2^nd respondent shall take a decision on Exts.P1 to P7 applications, within three months thereafter. The timeline specified above shall strictly be complied with by the respective officers.

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This writ petition is disposed of accordingly.

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sd/

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BECHU KURIAN THOMAS JUDGE

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jm/

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WP(C) NO. 28822 OF 2023

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APPENDIX OF WP(C) 28822/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE FORM 5 DATED 08.08.2023
SUBMITTED BY THE PETITIONER FOR SURVEY NO
144/7A
Exhibit P2TRUE COPY OF THE FORM 5 DATED 08.08.2023
SUBMITTED BY THE PETITIONER FOR SURVEY NO
144/7B-4, 144/7C
Exhibit P3COPY OF THE FORM 5 DATED 08.08.2023 SUBMITTED
BY THE PETITIONER FOR SURVEY NO 145/2-2, 145/5
Exhibit P4TRUE COPY OF THE FORM 5 DATED 08.08.2023
SUBMITTED BY THE PETITIONER FOR SURVEY NO
155/4-2
Exhibit P5TRUE COPY OF THE FORM 5 DATED 08.08.2023
SUBMITTED BY THE PETITIONER FOR SURVEY NO
158/12-3
Exhibit P6TRUE COPY OF THE FORM 5 DATED 08.08.2023
SUBMITTED BY THE PETITIONER FOR SURVEY NO
158/4A-2
Exhibit P7TRUE COPY OF THE FORM 5 DATED 08.08.2023
SUBMITTED BY THE PETITIONER FOR SURVEY NO
158/9A-2
Exhibit P8TRUE COPY OF POSSESSION CERTIFICATE NO 79874597
DATED 07.08.2023 ISSUED BY KADUNGALLOOR VILLAGE
OFFICER TO THE PETITIONER

Aboobacker K I v. State of Kerala

Case brief

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Aboobacker K I v. State of Kerala

Case brief

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